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(영문) 대전지방법원 2017.11.15 2017고단2961
사기
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 11, 2017, the Defendant posted a letter to the effect that he sells a containeret to “contain” in the vicinity of the Daejeon Pungdong, Daejeon Pungdong, and received KRW 130,000 from the victim who reported and contacted with the Defendant that “on the same day, he/she will send the goods if he/she remitted the proceeds.”

However, even if the defendant received money, he did not have the intention or ability to sell the contact pockets.

As such, the Defendant, as well as from February 6, 2017, by deceiving the victim as such, received 130,000 won for the purpose of money and acquired it by money.

5. By November 1, 200, a total of 1,972,00 won was acquired through deceptions over a total of 16 times, such as the written list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D, F, G, H, I, J, K, L, C, M, N, P, Q, and R;

1. Detailed statement, etc. of each transaction;

1. Investigation report (a written statement, etc. submitted by a witness) and the details of deposit and withdrawal;

1. Account transactions;

1. Details of deposit transactions;

1. Results of transfer;

1. A deposit statement;

1. Details of transfer;

1. Detailed statement of each transaction;

1. Contents of text messages;

1. A trading statement;

1. Certificates of deposit, etc.;

1. Investigation report (victim T telephone communications);

1. Application of Acts and subordinate statutes concerning text messages communications;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Circumstances unfavorable to the reasons for sentencing under Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order: The fact that the nature of the crime is not good in light of the number of crimes; circumstances favorable to the fact that juvenile protective disposition was issued three times for the same crime: the victim paid damages to D, I,O, J, K, C, L, P, and H among the victims, and confessions and reflects.

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